ML022460317
| ML022460317 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  (DPR-080, DPR-082) |
| Issue date: | 08/22/2002 |
| From: | Phillips D Pacific Gas & Electric Co |
| To: | Office of Nuclear Reactor Regulation, US Federal Judiciary, Bankruptcy Court, Northern District of California |
| References | |
| 01-30923 DM, 94-0742640 | |
| Download: ML022460317 (3) | |
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.15 16 17 18 SAN FRANCISCO DIVISION In re PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, Debtor.
Federal I.D. No. 94-0742640, Case No. 01-30923 DM Chapter 11 Case Date:
September 16, 2002 Time:
1:30 p.m.
Place:
235 Pine Street, 22nd Floor San Francisco, California Judge:
Hon. Dennis Montali DECLARATION OF DAVID W. PHILLIPS IN SUPPORT OF DEBTOR'S MOTION FOR ORDER AUTHORIZING REFUND OF CERTAIN PROJECT DEPOSITS DECL. OF DAVID PHILLIPS ISO D'S MOT. FOR ORD. AUTHOR. REFUND CERTAIN PROJECT DEPOSITS JAMES L. LOPES (No. 63678)
JANET A. NEXON (No. 104747)
J-0 GARY M. KAPLAN (No. 155530)
HOWARD, RICE, NEMEROVSKI, CANADY, FALK & RABKIN A Professional Corporation Three Embarcadero Center, 7th Floor San Francisco, California 94111-4065 Telephone:
415/434-1600 Facsimile:
415/217-5910 Attorneys for Debtor and Debtor in Possession PACIFIC GAS AND ELECTRIC COMPANY UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA 19 20 21 22 23 24 25 26 27 28
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1 I, David W. Phillips, declare as follows:
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- 1. I am employed as a Senior Program Manager in the New Business Department for 3
Pacific Gas and Electric Company ("PG&E" or the "Debtor"), a position that I have held 4
since May, 2000. The New Business Department has the responsibility for managing the 5
refund of project deposits. Prior to this position I was an Industrial Power Engineer, with 6
responsibility for large commercial project management, including the assessment of project 7
deposits. I make this declaration based upon my personal knowledge of PG&E's operations, 8
and upon my review of PG&E's records concerning the matters stated herein. If called as a 9
witness, I could and would testify competently to the facts stated herein.
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1 make this declaration in support of the Debtor's Motion for Order Authorizing 11 Refund of Certain Project Deposits.
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PG&E performs construction work for its customers that is generally related to HCVAM 13 the overall provision of gas and electric service (in addition to line extension construction RICE c
14 work). For example, PG&E may relocate or rearrange PG&E-owned facilities, such as poles NICL
&IRANGN 15 or electric or gas lines, for the convenience of the customer, convert overhead facilities to 16 underground, perform maintenance or construction work on customer-owned facilities if a 17 private contractor is not available, or connect facilities such as streetlights. Because of its 18 vexpertise and specialized equipment, PG&E is often the first, if not the only, choice for this 19 work.
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Usually this work requires advance engineering, and PG&E will collect an 21 advance or deposit for the engineering work, on the understanding that the deposit will be 22 returned to the customer at the completion of the engineering work, or credited against any 23 project-related construction work the applicant asks PG&E to do. The advance is also called 24 a "project deposit." The typical advance or project deposit is $5,000 or less.
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PG&E currently holds approximately 3700 outstanding pre-petition project 26 deposits, totaling approximately $5 million. PG&E estimates that, of that number, 2,880 of 27 the project deposits are for completed projects which are due to be returned to the customer.
28 These project deposits aggregate approximately $3.7 million. The average amount owed DECL. DAVID PHILLIPS ISO D'S MOT. FOR ORD. AUTHOR. REFUND CERTAIN PROJECT DEPOSITS
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15 16 17 18 19 20 21 22 23 24 25 26 27 28 with respect to these project deposits is approximately.$ 1,300.
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this :z_2-_day of August, 2002, at San Francisco, California.
DAVID W. PHILLIPS WD 082202/1-1419905/120/!1018127/vl DECL. OF DAVID PHILLIPS ISO D'S MOT. FOR ORD. AUTHOR. REFUND CERTAIN PROJECT DEPOSITS